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The Two Lisbon Judgements of the Czech Constitutional Court

Publication at Faculty of Law |
2011

Abstract

The Czech Constitutional Court emanticipated itself partly from a dependency on the position of the German Federal Constitutional Court in assessing democracy in the European Union and impact on state sovereignty after the adoption of the Treaty of Lisbon. Designation of the scope of the transfer of powers is a matter of the legislator, whereas the Constitutional Court may intervene only in an extreme case when the material core of the Constitution would have to be affected.

Sovereignty under the membership in the Union is understood as 'shared', not as reduced in its traditionaly assumed exclusivity. Principle of democracy consists of two pillars, the national one being adjusted - for future simplified revisions of the Treaties and influencing of the legislative process within the Union (incl. assertion of the subsidiarity principle) - by a political, i.e. parliamentary decision.